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Hi,My name is ***** ***** I'd be happy to answer your questions today.
I'm sorry to hear about your situation.
First of all, you can sue in Small Claims Court for a refund of the monies you spent on a hotel while they remediated the mold. The agreement you have is, you pay $X per month and, in exchange, the landlord has to give you a place to live. If there is a problem with the unit that renders you unable to live there, then your landlord needs to pay to put you up somewhere. They can't decide to only pay part of it.The state has forms and instructions online that you can use to open a case.
Since the mold is still not fixed, you may also have a right to damages based on the warranty of habitability. A tenant has a right to live in a place that's free from mold. If your landlord has been informed repeatedly of the problem and given a chance to fix it, then you can sue for damages caused by their failure to do so.
Moving out DOES NOT waive your rights. However, there are steps you have to follow, or you could wind up having to pay them rent until someone else moves in, and you don't want that. First, notice should be sent in writing. Then you have to give the landlord a reasonable time to make repairs (which you've already done). Then, you have to send another notice telling the landlord that you will be terminating the lease. It can help to send that notice via certified mail with return receipt requested, but it's not necessary if you're planning to move before they'll get the notice. You'll need pictures, video, and documentation of everything showing that the landlord breached the lease, forcing you to move.
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